The contractor couple Sarah and Curlee Discaya cannot demand conditions or concessions in exchange for cooperating with the government’s investigation into the flood control corruption scandal, Prosecutor General Anthony Fadullon said.
Fadullon said applicants for the Witness Protection Program (WPP) are not in a position to dictate terms to the Department of Justice (DOJ), which follows a strict evaluation process before granting protection.
‘It is not for anybody to dictate to us how we will go about doing the evaluation. It is not for anybody to impose any conditions,’ Fadullon told reporters at the Manila Hotel on Thursday, October 16. ‘We will do the evaluation and determine whether or not they will be qualified to be admitted into the program.’
Discayas withdraw cooperation. The statement came a day after the Discayas told the Independent Commission for Infrastructure (ICI) they would no longer cooperate with its probe, after one of its members questioned their potential qualification as state witnesses.
Fadullon, however, said the couple has not formally withdrawn from talks with the DOJ.
‘Nabigla kami,’ he said. ‘Pero as far as the department is concerned, wala pa naman ho pahiwatig na sila ay hindi magpapatuloy magpapag-usap sa amin.’ (We were surprised, but as far as the department is concerned, there has been no indication yet that they will not continue to talk with us.)
No quid pro quo
Fadullon said the government cannot agree to a quid pro quo arrangement where applicants demand security or immunity in exchange for testimony. He explained that the DOJ must first assess the credibility and value of the applicants’ statements.
‘You have to be able to validate that and go into the details and specifics,’ he said. ‘Where did that happen? Who did you talk to? What was the mode of giving it? Was it in cash or by bank transfer?’
He added that investigators must verify every claim with documentation or corroborating evidence: ‘You cannot just simply run around mentioning people’s names without being able to give supporting documents or evidence to show that it did really happen.’
‘Out of the question.’ Fadullon dismissed the possibility of granting the couple blanket immunity, noting the scale and complexity of the flood control corruption probe, which spans multiple years and projects.
‘Not in all cases will they be involved, and not in all cases will they be able to testify-but they can be implicated,’ he said. ‘So how can you immediately say, by giving a statement, you’re going to be given blanket immunity? I think that’s out of the question.’
On October 14, the DOJ has turned over its initial findings on the alleged ghost flood control projects in Bulacan to the Office of the Ombudsman for review.
Fadullon said five cases have been endorsed, with possible charges including malversation of public funds, falsification by public officers, perjury and violations of the Anti-Graft and Corrupt Practices Act.
The flood control scandal-believed to involve hundreds of billions of pesos-has been described as one of the largest corruption cases in Philippine history.